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Jamna Das Vs. Pandit Ram Autar Pande - Court Judgment

LegalCrystal Citation
SubjectProperty
CourtMumbai
Decided On
Judge
Reported in(1912)14BOMLR1
AppellantJamna Das
RespondentPandit Ram Autar Pande
DispositionAppeal dismissed
Excerpt:
transfer of property act (iv of 1882), section 90-mortgage-sale of mortgaged property by mortgagor-purchaser's personal liability to mortgagee under an undertaking with his vendor to pay mortgage-debt.;a mortgagee, who is no party to the sale, cannot enforce against a purchaser of the mortgaged property an undertaking that he entered into with his vendor, the mortgagor. the purchaser is not a person from whom, in the words of section 90 of the transfer of property act, ' the balance is legally recoverable.';jamna das v. ramautar pande (1909) i.l.r. 31 all. 353, affirmed. - - 1. this is a perfectly plain case.macnaghten, j.1. this is a perfectly plain case. the action is brought by a mortgagee to enforce against a purchaser of the mortgaged property an undertaking that he entered into with his vendor. the mortgagee has no right to avail himself of that. he was no party to the sale. the purchaser entered into no contract with him, and the purchaser is not personally bound to pay this mortgage debt. therefore, he is not a person from whom, in the words of the 90th section of the transfer of property act, u the balance is legally recoverable.2. their lordships will therefore humbly advise his majesty that this appeal must be dismissed with costs.
Judgment:

Macnaghten, J.

1. This is a perfectly plain case. The action is brought by a mortgagee to enforce against a purchaser of the mortgaged property an undertaking that he entered into with his vendor. The mortgagee has no right to avail himself of that. He was no party to the sale. The purchaser entered into no contract with him, and the purchaser is not personally bound to pay this mortgage debt. Therefore, he is not a person from whom, in the words of the 90th section of the Transfer of Property Act, u the balance is legally recoverable.

2. Their Lordships will therefore humbly advise His Majesty that this appeal must be dismissed with costs.


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